TBO.com - TBO is Tampa Bay Online

2nd Judge Bows Out Of Drug Case Involving Disputed Warrant

ADVERTISEMENT

By JOSH POLTILOVE | The Tampa Tribune

Published: June 25, 2008

Updated: 06/25/2008 05:49 pm

TAMPA - Circuit Judge E. Lamar Battles recused himself today from Christopher Snipes' drug case, saying he didn't want there to be a perception of impropriety.

He is the second circuit judge to recuse himself from the case.

Wednesday, Battles asked for a judge from another circuit to be appointed to the case.

The issue is whether a search warrant in the case was forged.

Defense attorney Paul Carr said in May that the apartment number on a search warrant was forged by a Hillsborough County sheriff's detective so it would look like a judge made the alterations. Circuit Judge Chet Tharpe initially signed an affidavit saying the initials weren't his, but he later said he could have been mistaken.

While being interviewed by detectives May 14, Tharpe said he had "absolutely no recollection" of the night the search warrant was modified and that he did not dispute the findings of Florida Department of Law Enforcement's handwriting expert.

Tharpe said he had "second-guessed myself over and over" after the sworn affidavit was filed and that it would be "absolutely impossible" for him to remember every detail of every judicial action he has taken.

As a result of signing the affidavit, Tharpe could end up being a witness in Snipes' case.

Snipes' drug case initially was being heard by Circuit Judge Daniel Sleet, but he recused himself this month. Sleet had spoken with Tharpe about the authenticity of initials that appeared on the search warrant, a June 5 motion to recuse or disqualify shows.

The Florida Code of Judicial Conduct requires judges to disqualify themselves in proceedings where one could question their impartiality such as when judges have "personal knowledge of disputed evidentiary facts concerning the proceeding," the document states.

Today, Carr appeared in Battles' courtroom. He wanted more samples to compare with the search warrant.

"The situation in this case is that there's a dispute about who altered and initialed a search warrant," he said. "The entire case is going to depend on the validity of that particular search warrant."

"Mr. Carr – let me save you some time," Battles said. "The obligation of a judge is to ensure the fair administration of justice. To be sure that all parties before the court receive a fair and impartial hearing. The public's confidence in our judicial system rests in judges exercising those obligations steadfastly."

At that point, he said it was his judgment that those obligations could best be met by a judge in another circuit.

News Channel 8's Kate Caldwell and Nadira Kharmai contributed to this report. Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT